Why did Nissan dealership not tell us our car had been stolen?

Our ill-fated Nissan X-Trail was out of warranty but still less than four years old.
Photograph: Alamy

We owned a Nissan X-Trail, which broke down in May. Our local garage diagnosed a turbo failure and advised us to take it to a Nissan dealership as, although it was just out of warranty, it was still under four years old.

It was transferred to West Way Nissan in Birmingham on 23 May. It diagnosed the same problem and agreed to ask Nissan UK to contribute to the repair. After a week, we were told that it was still waiting for a response from Nissan UK.

After a couple of weeks without a car, I called Nissan UK myself, only to be told that West Way had not contacted them at all. It agreed to pay for the parts and authorised a courtesy car. Then, on 19 July, West Way told us that our car had been stolen and its insurance would sort it out. We later discovered it had been stolen two weeks previously, supposedly from a locked compound, and that the garage only discovered the CCTV didn’t cover the area after the theft.

We’ve now been told we need to make a claim on our insurance and fork out the excess and potential increase in premiums. JT, Sutton Coldfield

West Way says it’s “not in a position to comment” on why you were not informed of the theft for two weeks. Nor does it explain why it apparently misled you about its attempts to contact Nissan for funding.

“The process is for the customer to claim on her insurance, who will counter claim on our insurance if they deem it suitable,” it says. “If it is found, following investigation, that there is a counter claim with us, we will be reimbursing any excess she has had to incur.”

Nissan UK also declines to comment on West Way’s poor communication. “The dealership is following guidance from its insurers relating to this case, and will continue to support the customer and provide them with a replacement courtesy car, until this is resolved,” it says.

Under the law of “bailment”, the garage is responsible for taking “reasonable care” of vehicles. You could take it to court, but would have to show they failed to show “reasonable care”. If the premises were left unlocked and the car keys easily accessible, you’d have a good case. But if thieves overcame robust security and hot wired the car out of there, it’s less clear cut.

Your best option is to make a claim on your insurance and urge your insurer to pursue the costs so that it – and you - are not out of pocket.

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